Can I break a Constrcution Contract?

Asked by Paul Kim, The Colony, TX Mon Jul 21, 2008

I signed contract with one roofer to replace my roof. Then later I found other company would do same work for much less. Is it possible to break the contract with original roofer? I haven't paid any money yet.

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Carol Pease,…, Agent, Austin, TX
Mon Jul 21, 2008
You signed a legal contract. Has any work been perfomed? I am not an attorney but I think you should talk to one before you break any contractural agreement. Has your contractor ordered the materials needed to complete the job? If he has he may not be able to return it without paying a fee. There are lots of things to take into consideration in these circumstances. Remember you may get what you pay for.
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Dallas Texas, Agent, Dallas, TN
Mon Jul 21, 2008
My question are you comparing "apples to apples" or "apples to lemons". Do you have the details of what exactly is each roofer going to do, what type of produce are they using for roof? Did the other roofer provide quote on materials which might reduce your overall electric bill? Talk with each contractor, determine what the out clause is. And does it exceed 3 days limitations in order cancel a contract?
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Sj209, Both Buyer And Seller, California
Mon Jul 21, 2008
I agree with Mike. The best thing would be to speak with contractor #1. See if he will lower his price or explain why his price is higher. You can tell him you would like to cancel the work because you found contractor #2. A good contractor might release you or lower his/her price. You get what you pay for in many cases, so be sure of your decision. It could be contractor #1 does better quality work.
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Mike Gonzalez, Agent, The Colony, TX
Mon Jul 21, 2008
I am a Realtor not a lawyer, but here is my opinion: You can do whatever you want but there may (and probably will) be consequences. If the 1st roofer chooses to, they can take you to small claims court for contractual default so you have to ask yourself if the savings is worth going to court and possibly loosing (it's probably not). Your best bet is to communicate with the 1st roofer to see if they will either match the other estimate or release you from the contract. Or, you could present your case to a lawyer and they may be able to find a loop hole in the contract, but again, would that cost and trouble be worth the savings? Good luck and let this be a lesson not to sign anything until you have shopped it around. This goes just as well for real estate as it does for anything else.
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